Hanes

This is an appeal from a judgment in favor of the defendants, Hollow Tree Lumber Company, a corporation, Cloverdale Lumber Company, a corporation, Moores and Smith, a copartnership, William R. Zion, Betty O. Zion, Harry E. Zion, Vera K. Zion and Leela C. Zion, in an action brought by Ward IT. Hanes and Ruth F. Hanes to quiet title to certain land in Section 6, Township 12 North, Range 14 West, M. D. B. & M. and for damages for conversion of timber.

It is undisputed that Ward H. Hanes and Ruth F. Hanes own Lots 3, 4 and 10 of Section 6, and that the Zions own Lots 5, 6, 7, 8 and 9 of Section 6. The dispute concerned the boundary on the south and west sides of Lot 10 and the south and west line of Lot 4.

The Haneses contended in the trial court that the boundary between the lands was as fixed by survey by one Russell Cummins. The defendants, referred to as the Zions hereafter, contend that the boundary was as fixed by a survey by Oscar Larson. The court accepted the survey made by Larson which made the claim for damages moot. Findings and judgment were entered accordingly and this appeal followed.

The evidence introduced in the trial court discloses that several different…